Clause 7 - Control powers: supplementary
Export Control Bill
4:45 pm

Photo of Dr Vincent Cable

Dr Vincent Cable (Twickenham, Liberal Democrat)

I shall deal first with the comments by the hon. Member for Aldershot (Mr. Howarth). We find ourselves in an unholy alliance this morning, so perhaps I am less surprised than I should be that he is defending the contractual ambiguity that would enable spares to go to Mr. Robert Mugabe. I know that they are not being used against the settlers, but it is an odd position for him to take.

The hon. Gentleman made a confusion between policy and legal powers. If the Government were constantly revoking contracts, that would create, for Britain and for the industry, a reputation for unreliability. We are talking not about policy change, but about circumstances in which the Government have already decided to change policy, for good or bad reasons, and whether they can implement that new policy direction.

I may be wrong on the legal side, but my understanding is that when problematic cases have arisen in the recent past—Zimbabwe and Indonesia are the two that are most frequently cited—the Government have given as the reason for their inability to stop further supplies the fact that there are legal obligations that prevent their powers from being used. That is the line that the Foreign Secretary has taken in Foreign Office questions when trying to explain why the Government have difficulty with such contracts. I find that argument difficult to square with the Minister's assurance that the Government have all the legal powers that they need. If that is so, why was it a problem?

The final comments by the hon. Member for Salisbury (Mr. Key) were helpful. If the new dummy orders strengthen the powers and give adequate powers for revocation, I will be happy. However, I am a little concerned that the Government are using legal difficulties as an excuse for not following through on their promises, while at the same time telling the Committee that they have all the powers that they want.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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